Blagojevich 'Unfit' to Govern: AG

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CHICAGO - Illinois Attorney General Lisa Madigan on Friday asked the the state's Supreme Court to either temporarily remove Gov. Rod Blagojevich from office or strip him of his power to fill President-elect Barack Obama's vacant Senate seat, act on legislation, or award state contracts.

Madigan's move, unprecedented in state history, came three days after federal authorities arrested Blagojevich and his chief of staff John Harris - who resigned on Friday - on criminal corruption charges that included allegations the governor was seeking to personally benefit from his power to fill Obama's seat.

The federal case also accuses the governor of using state financing assistance to the Tribune Co. as leverage to try to eliminate his critics on the Chicago Tribune's editorial board and other pay-to-play schemes involving state legislation and aid in an effort to raise $2.5 million for his campaign coffers by the end of the year. As of press time Friday, Blagojevich continued to resist widespread calls for his resignation.

Madigan's filings call Blagojevich unfit to govern and include references to the delay last week of the state's sale of $1.4 billion of general obligation certificates until this week and the fiscal threat posed by Standard & Poor's move to put the state's AA credit on its negative CreditWatch. The governor's office did not return calls to comment.

"These criminal allegations strike directly at Mr. Blagoejvich's decision-making process and specifically at his capacity to separate his personal financial and other interests from the exercise of his public, executive authority," one brief reads. "The charges have severely hampered the state's ability to continue to borrow money to fund essential state services, such as medical care, schools, day-care centers, nursing homes, and mental health institutions."

It remains unclear whether the note sale will proceed as planned tomorrow, given Madigan's concerns with the deal and her ability to sign off on it. The proceeds will help the state chip away at a $4 billion backlog of unpaid bills, including ones to struggling social services and health-care providers. During a news conference to announce her action, Madigan said: "It may be very difficult if not impossible to move forward on short-term borrowing."

The attorney general is required to sign off on the final debt sale documentation and required to sign a certification that the office is not aware of any proceeding or threatened litigation challenging the authority of the governor to hold his office.

Madigan said she "would not necessarily be able to sign that." She added that attorneys in her office are continuing discussions with the state Office of Management and Budget over the issue. Sources working on the deal have said they believe the state can proceed.

Madigan's filings cite state law and Supreme Court rulings in the request for a temporary restraining order - a move sought to speed up the legal process - or an injunction that would strip the governor of most of his duties, including his ability to direct the activities of the Illinois State Toll Highway Authority or the Illinois Finance Authority.

"I recognize that this is an extraordinary request, but these are extraordinary circumstances," Madigan said. The motions ask that the governor's powers be handed over to Lieut. Gov. Patrick Quinn under the state's succession law.

If the court acts on the requests, the governor's removal would only be temporary and absent his resignation, lawmakers would need to move on impeachment proceedings. The state Senate and House are scheduled to convene a special session today to strip the governor of his power to fill Obamva's vacancy, set a special election to fill the seat, and discuss impeachment proceedings.

Madigan is basing her legal argument on a provision in state law that allows for a governor to be removed if the official suffers from some "other disability" that the attorney general believes is not limited to physical or mental impairment.

"The pervasive nature, volume, and severity of the illegal acts charged in the complaint indicate that Mr. Blagojevich is unable to distinguish between his financial interests and his official duties and between illegal and legal conduct, rendering him incapable of legitimately exercising his authority as governor. The nature and volume of those acts clearly evidence a disability that has rendered Mr. Blagojevich unable to serve," the filings read.

A spokesman for the state's high court confirmed that the filings were received but could not comment further. It is unclear how soon justices may act. Madigan said at the news conference that the governor was served with the filings and she hoped the high court would act within five to 10 days.

The court could refuse to hear the case, grant either of the requests, or seek further briefings. There is no legal precedent in the state for such an action, so several attorneys asked about the case said it is difficult to make predictions on the outcome. Abner Mikva - a prominent former federal appellate court judge and White House counsel to President Bill Clinton - is serving as a special assistant to Madigan on the case.

Separately on Friday, several members of Illinois Citizens Coalition filed suit with the state Supreme Court seeking the governor's temporary removal

Madigan is the daughter of House Speaker Michael Madigan, D-Chicago, and has openly expressed an interest in running for the Democratic nomination for governor in 2010. Lisa Madigan is one of the unnamed Senate candidates in the federal government's affidavit, but has said she was never interested in being named to the vacancy.

Blagojevich on Friday was at work and signed autism legislation.

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